ORDER XXII

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. PART II APPELLATE JURISDICTION ORDER XXII CRIMINAL APPEALS UNDER SECTION 42 (11) OF THE CONSTITUTION. 1. Appeals under section 42 (11) (a), (b) and (c) of the Constitution shall be lodged within thirty days from the date of the judgement, final order or sentence appealed from, and appeals under section 42 (11) (f) shall be lodged within thirty days from the date of certificate granted by the High Court: Provided that the Court may for sufficient cause extend the time. 2, The appeal shall be in the form of a petition in writing which shall be accompanied by a certified copy of the judgment or order appealed against, and, in the case of appeals under section 42 (11) (f) of the Constitution, also by certified copy of the certificate granted by the High Court. The appellant shall file at least three copies of his petition and the accompanying documents. 3, The appellant, if he is in jail, may present his petition of appeal and the accompanying documents to the Officer in charge of the jail, who shall forward them forthwith to the Registrar. 4 On receipt of the petition of appeal the Registrar shall cause notice of the appeal to be given to the Advocate General, and, in case where the appeal is by the Government, to the accused, and shall also furnish the Advocate General or the accused, as the case may be, with a copy of the petition of appeal and the accompanying documents. 5, In the case of an appeal arising out of proceedings under the Foreign Exchange Regulation Act, 1947 (VII of 1947), the Registrar shall cause notice of the appeal to be given also to the Governor of the State Bank of Pakistan even the said Bank is not impleaded as a party. 6. The Registrar shall thereafter send a copy of the petition of appeal to the High Court for its record, and require the Registrar of the High Court to transmit to this Court the original record of the appeal along with the records of the Court below with all convenient speed. 7. In proper cases the Court may in its discretion direct the engagement of an Advocate for an accused person at the cost of the Government. In such a case the engagement of an Advocate on record to instruct the Advocate shall not be necessary. The fee of the Advocate so engaged shall be Rs. 2001‑ for preparation of the case and Rs. 501 per hour, or part thereof, of factual hearing in the Court, subject to a minimum of Rs. 100/‑. 8. Due notice shall be given to the parties concerned of the date fixed for the hearing of the appeal. The accused may, where he so desires, present his case by submitting his arguments in writing, and the Court shall consider the same at the hearing of the appeal. 9. The Court may where it thinks fit so to do, in the interests of justice, direct the production of an accused person at the hearing of the appeal. 10. After the disposal of the appeal, the Registrar shall, with utmost expedition, send a copy of the Court's judgement or order to the High Court. 11. Pending the disposal of any appeal under this order the Court may order that the execution of the sentence or order appealed against be stayed an such terms as the Court may think fit. 12. In criminal proceedings no security for costs shall be required to be deposited and no court‑fee, process fee or search fee shall be charged, and no copying charges shall be made except for copies other than the first to any party to the proceedings. 13. Save as aforesaid the provisions contained in the preceding Order in this Part of the Rule shall, with necessary modifications and adaptations, apply, so far as may be, to criminal appeals under this Order.